Local teachers react to evaluation injunction

LAS CRUCES — Local educators cheered a ruling by Santa Fe State District Judge David Thomson that granted a temporary injunction against the Public Education Department, preventing it from using its highly contentious teacher evaluation system to punish or reward teachers until a lawsuit brought by two teachers unions goes to trial.

“We’re very happy,” said Patrick Sanchez, president of National Education Association – Las Cruces. “It’s another step in the right direction. The injunction is forcing the PED to stop the most harmful part of the system.”

Sanchez said the ruling may telegraph future rulings in the lawsuit, which he feels would benefit New Mexico teachers.

“Teachers can breathe just a little bit easier,” Sanchez said. “This latest ruling seems to fall into line with the trend nationally — which we’ve seen in places like New York, Florida, and Tennessee — all of which are moving away from using standardized testing as a basis for evaluating teachers.”

The injunction was sought by the American Federation of Teachers New Mexico and the Albuquerque Teachers Federation. It allows New Mexico officials to continue collecting data, but prevents PED from using it in a teacher’s advancement or evaluations.

The unions have jointly filed the suit claiming the evaluation system is forcing veteran educators to retire or have their licenses jeopardized, and they seek to have the evaluation system thrown out completely. The suit will go to trial in April.

While the ruling isn’t likely to have a profound impact on how teacher evaluations are carried out between now and the hearing, sentiment among local educators is that this is a small but welcome victory.

Under the current teacher evaluation framework, dubbed NMTeach, student achievement — as measured by test scores — account for 50 percent of a teacher’s evaluation.

“The heart of the problem is that the American Statistical Association says that there is some value to this so-called value-added methodology. It can provide a snapshot, but it cannot determine with any certainty the effectiveness of a teacher,” Sanchez said. “These tests are designed to measure student achievement, not an individual teacher’s impact on a single student. There are a multitude of variables when it comes to a student’s performance on the test that just cannot be accounted for.”

Superintendent Stan Rounds said, on the surface, the injunction will not change operations at Las Cruces Public Schools.

“The injunction, having studied it, does not have an immediate impact on our day-to-day operations,” Rounds said. “We will continue to monitor the legal proceedings, and talking with the PED as we work through this. But, in the meantime, we’ll continue to collect the same information that has been previously used in evaluations, and will submit it to the state in accordance with the department’s rule.”

According to state Sen. William Soules, D-Las Cruces, a retired teacher and administrator, the injunction is meaningful because it prevents the PED from making decisions based on an evaluation system he believes is flawed.

“It appears that, between now and April, teachers cannot be put on a growth plan by the PED based on their evaluations,” Soules said. “This puts a halt on merit pay, advancement or the denial of advancement, based on the NMTeach system. The judge made it clear in his ruling that the evaluation model — the value-added model — lacks clarity, consistency and transparency.”

Soules added that the teachers he has spoken with do not object to being evaluated; they object to the current system of evaluation.

“Teachers want to be evaluated,” Soules said. But they feel this system is arbitrary, capricious and unreliable. I was a principal. I have done evaluations, and I have gotten rid of bad teachers. Teachers welcome evaluations, but it’s important that the evaluation system is clear, consistent and transparent.”

That sentiment was echoed by Maggie Baber, a special education teacher at Alma d’Arte Charter High School.

“I think it's great that someone is finally listening and paying attention. I hope districts are never allowed to use these specific evaluations, ever again,” Baber said. “Don't get me wrong, I'm completely OK with valid and reliable evaluation, but this just isn't it.”

The unions had previously sought a full injunction against the use of NMTeach, but later amended its request to prevent its use as a factor in employment decisions.

“This ruling means that teacher evaluations will continue to move forward — period. Nothing changes,” Robert McEntyre, a spokesman for the PED, said in an email to the Sun-News. “This is simply a legal PR stunt by the labor unions after they failed to get a complete injunction. New Mexicans believe that every profession should be evaluated, and we will continue to evaluate our teachers, allowing us to praise our highly effective teachers and help those who are struggling.”

Rounds said, at LCPS, it remains a game of wait-and-see.

“Until we’re notified otherwise, by the courts or by the state, we’re required to continue with the evaluations as we have been directed to do,” Rounds said.

Damien Willis can be reached at 575-541-5468 or dawillis@lcsun-news.com. Follow him on Twitter @damienwillis.